With around 23% of the Canadian population being immigrants, several of them strive to start a new life in the country with their spouses and children. The Canadian Government has launched the spousal sponsorship stream for people who want to sponsor their spouses, common-law partners, or conjugal partners in Canada. However, you need to meet some requirements to qualify for this pathway.

 

This blog discusses the requirements to qualify for spousal sponsorship in Canada.

 

Eligibility Criteria for the Sponsor 

The Canadian spousal sponsorship program allows people in Canada to sponsor their spouses or common-law partners from other countries. However, you need to fulfill some requirements to be a sponsor in Canada. Here are the eligibility criteria for being a sponsor.

 

You must be at least 18 years old.You need to be a Canadian citizen, permanent resident, or a Canadian resident registered under the Canadian Indian Act.If you're a Canadian citizen and are currently living in another country, you need to prove that you have plans to move to Canada once your spouse arrives. Permanent residents based out of Canada can only sponsor their spouses if they move back to the country.You shouldn't be receiving financial or other benefits from any social assistance program. This doesn't apply to people registered for disability benefits, as they can sponsor their spouses.You need to prove that you have enough resources to support your spouse once they arrive in Canada. Additionally, if you're sponsoring your spouse's dependent children alongside your spouse, you need to be responsible for meeting their financial obligations too.

 

Besides meeting these requirements, you also should meet a minimum LICO (low-income-cut-off) score that is set by the Canadian Government each year to ensure that you earn enough to handle the financial needs of your spouse when they arrive in Canada.

 

What Kind of People Aren't Eligible to Sponsor Their Spouse? 

However, certain situations can prevent you from becoming a sponsor in Canada. Here are some situations that make you ineligible for spousal sponsorship.

 

If you have previously sponsored a spouse or common-law partner, and it has been less than three years since they arrived in Canada and became a permanent resident, you can't sponsor another spouse or partner.You haven't returned an immigration loan, the amount of a performance bond, or the social assistance you received when you sponsored any other person in the past.People who haven't paid child or spousal support in the past can't sponsor their spouse to Canada.Canadian citizens or permanent residents who have declared bankruptcy in the past and haven't been discharged from the claim don't qualify to be the sponsor.If you were previously sponsored as a spouse or common-law partner and arrived in Canada less than five years ago, you can't sponsor another spouse.People residing in Canada with a criminal record of any sexual offence, violent activity, or verbal threats of inflicting bodily harm can't sponsor their spouse or common-law partners. Individuals who have initiated physical violence towards a family member or relative also don't qualify to sponsor their spouse.If you're under a removal order, you can't apply to sponsor your spouseIf your spousal sponsorship application is processing and you haven't received a verdict yet, you can't apply to sponsor the same person again.

 

Eligibility Requirements for the Spouse or Common-Law Partner

Besides fulfilling the criteria of being a sponsor, your spouse or common-law partner should also meet some requirements. Here's a guide.

 

They must not have any health issue which grants them medical inadmissibility to the country.People with criminal inadmissibility status can't enter Canada on a spousal sponsorship.People with legally-valid civil marriages performed in Canada or any other country where their marriage is recognized are eligible for spousal sponsorship. You need to ensure your wedding has a physical ceremony, as IRCC doesn't recognize virtual weddings that happen through phone or the Internet.You can sponsor your common-law partner of the same or opposite gender if you have lived consecutively together for a year and share a marriage-like relationship.

 

Want to Apply for Spousal Sponsorship in Canada? Hire an Immigration Lawyer

An immigration consultant will help you understand the requirements of spousal sponsorship in Canada and meet the eligibility criteria. Nanda & Associate Lawyers has a team of highly-experienced immigration lawyers who help you navigate the process of applying for Canadian spousal sponsorship. Their immigration consultants can also help your spouse get open work permits in Canada, allowing them to support themselves financially.

 

Book a consultation session with them to apply for this stream.

About the Author

This piece was contributed by Vasim Shaikh, a Canadian immigration consultant affiliated with Nanda & Associate Lawyers. He has around 12+ years of experience working as a regulated immigration consultant and has provided legal advice to several clients.

 

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.